[2015] KEELRC 581 (KLR)
The court found that the claimant was an employee of the respondent, was verbally dismissed after a period of sick leave, and was not given notice or paid in lieu of notice. The respondent failed to defend the suit or demonstrate that due process was followed or that the claimant was paid her dues. The employment...
Source-derived case information.
- Citation
- [2015] KEELRC 581 (KLR)
- Parties
- Claimant: Angeline Musinzi Munyasa; Respondent: ZTE (Kenya) Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 645 of 2014
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim partly allowed
- Legal Topics
- Unfair Termination, Notice Pay, Compensation for Dismissal, Employment Contracts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Angeline Musinzi Munyasa
Claimant
ZTE (Kenya) Ltd
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was unfairly terminated from employment.
- 2 Whether the claimant is entitled to payment in lieu of notice, salary arrears, and compensation for unfair termination.
- 3 Whether the claimant is entitled to service pay despite NSSF registration.
Ratio Decidendi
The court found that the claimant was an employee of the respondent, was verbally dismissed after a period of sick leave, and was not given notice or paid in lieu of notice. The respondent failed to defend the suit or demonstrate that due process was followed or that the claimant was paid her dues. The employment contract required one month's notice or payment in lieu thereof, which was not provided. The court also found that the claimant was entitled to salary arrears for May and June 2012 and compensation for unfair termination, but not to service pay as she was registered with NSSF. The court awarded the claimant one month's pay in lieu of notice, salary for May and June, eight months'...
Court Disposition
claim partly allowed
Orders
- The respondent shall pay the claimant Kshs. 10,518 as one month's pay in lieu of notice.
- The respondent shall pay the claimant Kshs. 21,036 as salary for May and June 2012.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 645 OF 2014
ANGELINE MUSINZI MUNYASA………………………………CLAIMANT
VERSUS
ZTE (KENYA) LTD…………………………………………....RESPONDENT
JUDGMENT
1. This cause proceeded as an undefended cause since the respondent though served neither entered appearance nor filed a defence.
2. In the memorandum of claim filed on 16th April, 2014, the claimant avers that he was employed by the respondent in December, 2002 as a cleaner by a written contract which was signed afresh every year. She worked until 2012 June, when she claimed she was verbally dismissed. According to her, the dismissal followed a short period of less than one month during which she was on sick off having fractured her leg.
3. In her evidence in Court, the claimant stated that she was initially employed as a casual worker in 1998 but later in 2002 she was given a contract. It was her evidence that in 2012 she got an accident and was given a sick off by the doctor. She produced the various sick offs given by her doctor in evidence.
4. She testified that she used to earn Kshs.10,520 per month. Upon termination, she was never issued with notice of termination and that she was not paid for the month of June, 2012 and that she never went on leave for the period worked.
5. As stated, earlier this suit proceeded as an undefended cause. The claimant in her pleadings and supporting documents as well as oral testimony reasonably established that she was the respondent’s employee and that at some point she got injured and was unable to continue working. The model contract of employment exhibited by the claimant showed that, save for summary dismissal, either part could terminate the contract by giving one month’s notice or payment in lieu thereof. The respondent never defended the suit to show any such notice or payment in lieu thereof was made.
6. In conclusion the Court awards the claimant as follows:-
Kshs.
(i) One month’s pay in lieu of notice………………10,518. 00
(ii) Salary for May and June…………………………..21,036. 00
(iii) 8 months’ salary as compensation for
Unfair termination………………………………..84,144. 00
115,698. 00
(iv) Costs of the suit.
7. The claim for service pay is disallowed since the claimant was registered for NSSF.
8. It is so ordered.
Dated at Nairobi this 17th day of July 2015
Abuodha J. N.
Judge
Delivered this 17th day of July 2015
In the presence of:-
……………………………………………………………for the Claimant and
………………………………………………………………for the Respondent.
Abuodha J. N.
Judge